Age Discrimination Case Ruled According to Precedent

Age Discrimination Case Ruled According to Precedent

By: Keely Smith

Adelaide Zink and Graham Wolfe of Christian Life Preparatory School debated Kennedy Onic and Sebastian Caballes of Duncanville High School in the age discrimination case of O’Callahan v. Continental Catering Consolidated Company. The judge ruled in favor of the company, represented by Onic and Caballes.

James O’Callahan a 56-year-old employee was recently relieved of his duties at Continental Catering Consolidated Catering Company (4C’s). Due to his age, O’Callan sued for wrongful termination citing the Age Discrimination in Employment Act of 1967.

Onic argued that O’Callahan’s termination was not solely based on his age.

“Mr. O’Callahan’s standards and performance doesn’t show his commitment to the company, ultimately suggesting that he was fired due to lack of performance,” Onic said.

Caballes noted that “age can affect performance, as it has in O’Callahan’s situation.”

Caballes argued that Edward Williams, O’Callahan’s supervisor at 4C’s, was not misusing power, but rather “delegating power,” as president of the company.

In the rebuttal, Zink argued that it was age discrimination because “Williams said that it’s obvious you are too old when O’Callahan said he played 18 holes of golf,” as well as when he said the “company needed some young blood.”

“There is direct evidence of age discrimination here,” Zinc said.

Wolfe took the floor. He claimed there was “a genuine issue of material fact” with this case, as he went on to explain Zink’s examples in further detail.

He brought up a previously unmentioned point that “[O’Callahan] has quite the track record, receiving a $37,000 bonus” in just one year.

Wolfe explained to the judge that “all of these statements clearly pass the [Brown v. CSC Logic, inc. precedent],” which ruled in favor of the defendant, CSC Logic, in 1996.